Episode 6: In today’s episode, Louisville family law attorney George S. Lamb discusses relocation and remote work circumstances, after a divorce. The law has rules in place to help navigate the myriad of issues arising when a former spouse decides to relocate. Obviously, we’re referring to child custody and parenting time issues and how that decision can impact everyone involved. Relocation is not a new issue in family law. However, the issue of remote work is a relatively new phenomenon. The Best Interest of the Child This standard is prominent when any judge is attempting to rule on motions related to family law issues. For the sake of this discussion, let’s assume the intent to relocate is work-related. The effect of the relocation on the child, or children, will be considered even though it impacts the parent(s) possibly even more so. If the relocation is local, that’s easier to work around. However, what happens when the potential relocation is to a different state or even country? The court will consider how the relocation would impact the non-relocating parent. As George discussed in Episode 2 dealing with child custody and parenting time, the court will also consider the relationship between the child/children and the parents. It will also look at the relationship between the siblings and/or other significant people in the family dynamic (e.g. grandparents and extended family). Would the relocation affect the child’s ability to see his/her friends and family members? The judge is typically going to take this into consideration if the relocating parent plans to take the child/children away from the other parent. Could the relocation negatively impact the child’s involvement in their community, school and/or with extracurricular activities? Ultimately, if the parent were to change all of this, would it truly be in the best interest of the child? Does the Age of the Child Matter? It very well could. If the parent wants to relocate with the child while the child is a baby, many of the above-mentioned issues related to school and community wouldn’t necessarily apply. However, as George explains, the older the child gets, especially during the teen years, this could have a significant impact on the child. The Burden Is on the Relocating Parent The relocating parent needs to be able to prove that the relocation would be in the child’s best interest. George admits, these are very tough scenarios. While companies may not relocate employees as frequently as in previous times, from a career standpoint, a parent may want to grow with this particular company. A relocation may be necessary. However, do you have a choice in this decision? Are there alternative options available? Joint Custody Has a Purpose The court wants parents, in most cases, to exercise joint custody relative to important parenting decisions. Again, refer to Episode 4. For this reason, you can’t simply decide to move. There are rules involved. Even if you have sole custody, you still may not be able to suddenly relocate with the child or children. The other parent has rights to spend time with the child, based on the terms of the divorce decree. Important Requirements Prior to Relocation The spouse intending to relocate with the child/children must give proper notice. Information regarding the potential, new location and the timing involved. The non-relocating spouse has the right to contest the relocation. If the issue cannot be resolved between the two parties, a court hearing may be required. The judge may actually block the relocation, depending upon the circumstances; especially the distance involved. Remember, the court assumes the basis of 50/50 parenting time. A significant relocation could dramatically impact this arrangement. If that 50/50 schedule been in place over a period of time, how disruptive would the location be to the child/children and to the non-relocating parent? Remote Work Situations Ultimately, the question is: Do you really need to relocate? Over the past several years, remote work arrangements have become normalized. Is it possible for you and your employer to reach a remote work arrangement, allowing you to pursue that next step in your career without causing significant disruption? In reality, if you work from home, you may end up seeing your children even more often. So, the court is going to pose the question of whether there really is another alternative to the option of relocating? Could the parent seek other employment in an effort to, once again, avoid a disruption that could turn out to be antithetical to the best interest of the child/children. Evaluate All of the Options on the Table If, in fact, a relocation is necessary, it’s important to evaluate all of the available options. There is an option to potentially agree to let the other parent become the residential custodian of the child. If it could ...
